Mich. Admin. Code R. 281.53 - Exempt use

Rule 3.

(1) Land uses exempt from a zoning permit in a designated natural river district include the following:

(a) Private, non-commercial recreation which does not involve a structure, equipment, or other device, and includes camping, boating, fishing, hunting, and other similar activities.

(b) Reforestation and any other accepted forest management practice that does not involve a structure and is landward of the natural vegetation strip.

(c) Agricultural activities, including general and specialized farming such as a Christmas tree farm, provided that any new activity occur landward of the natural vegetation strip and provided such use does not contribute to stream degradation. Construction of a residential and farm-related structure and appurtenance is classified as a principal use and is subject to zoning permit requirements. Any new aquaculture facility or concentrated animal feeding operation, and expansion of any existing aquaculture facility or concentrated animal feeding operation, is not permitted within the natural river district without a land use variance as described in R 281.60. Resumption of a prior agricultural use previously located within the natural vegetation strip and discontinued, for example, rotation of crop fields, may resume if 1 of the following criteria is met:

(i) The cessation of use was within 10 years of resumption of use.

(ii) The cessation of use was due to implementation of a management plan written before the effective date of these rules.

(iii) The cessation of use was the result of a written agreement with a governmental agency or agencies entered into before the effective date of these rules.

(iv) The cessation of use was the result of a written agreement with a governmental agency or agencies entered into after the effective date of these rules or ordinances implementing this plan, where the term of cessation of use specified in the agreement is for 10 years or less.

(v) The cessation of use was required or imposed by a governmental agency or agencies.

(d) Cutting of low growing vegetation and placement of wood chips on uplands in the natural vegetation strip to create a single footpath of not more that 4 feet in width leading to a single point on the rivers edge. A boardwalk or other artificial walkway is not exempt and requires a zoning permit as specified in R 281.57.

(e) A sign for identification, direction, resource information, exclusion of trespassers, regulation of use and those related to permitted uses, subject to the following provisions:

(i) A sign for the sale of a product or service is prohibited, unless related to a permitted use, located on the site of the permitted use, not located in the natural vegetation strip, and not visible from the river.

(ii) An illuminated sign is prohibited.

(iii) "No trespassing" sign shall be not larger than 1 square foot in area and shall be spaced at least 100 feet apart. Other signs may be not larger than 2 square feet in area, except 1 real estate sign may be not larger than 4 square feet in area if located outside the natural vegetation strip.

(f) Routine maintenance and repair of a legal use or structure within the existing foundation and structure, subject to R 281.57.

(g) A satellite dish not more than 32 inches in diameter and located landward of the natural vegetation strip or attached to an existing single-family dwelling, short-term rental facility, or appurtenance.

(h) Removal of any dead, diseased, or unsafe tree, noxious plant or shrub, within the natural vegetation strip.

Notes

Mich. Admin. Code R. 281.53

1979 AC; 2013 AACS